2012 Political Law, Q10

What do you understand by the term “heirarchy of civil liberties”? Explain. (5%)
Distinguish fully between the “free exercise of religion clause” and the “non-establishment of religion clause”. (3%)
When can evidence “in plain view” be seized without need of a search warrant? Explain. (2%)

Quick check

What does the concept of hierarchy of civil liberties signify under Philippine constitutional law?

Under Section 5, Article III of the Constitution, what is the core prohibition of the Non-Establishment Clause?

How does the Free Exercise Clause differ fundamentally from the Non-Establishment Clause?

Which of the following is NOT a required element for a valid warrantless seizure under the Plain View Doctrine?

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When is the discovery of evidence considered inadvertent under the Plain View Doctrine?

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1. Hierarchy of Liberties
Under Philippine constitutional jurisprudence, such as Philippine Blooming Mills, human rights and civil liberties occupy a preferred position over property and economic rights. Human rights involve sacred personal rights like freedom of speech, assembly, and conscience, which are essential to human dignity. Property rights, while protected under due process, may be subject to broader state regulation. Consequently, when civil liberties conflict with property interests, courts apply stricter judicial scrutiny to safeguard fundamental freedoms from state infringement.

2. Religion Clauses Distinctions
Section 5, Article III of the 1987 Constitution embodies two distinct religion clauses. The Free Exercise Clause guarantees absolute freedom of religious belief and freedom to act according to conscience, prohibiting government coercion or penalization of faith. In contrast, the Non-Establishment Clause mandates strict state neutrality, prohibiting government sponsorship, endorsement, or financial support of any religion. Free exercise enforces non-coercion of conscience, whereas non-establishment prevents official state aid or endorsement of religious institutions.

3. Plain View Seizure
Under the Plain View Doctrine, law enforcement officers may seize evidence or contraband without a search warrant if three concurring requisites are met: (1) officers have a prior valid intrusion based on a warrant or valid warrantless arrest; (2) the discovery of evidence in plain view is inadvertent; and (3) the incriminating nature of the object is immediately apparent. The doctrine cannot be invoked if officers deliberately search for undisclosed objects without probable cause.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026